Papers by Hassen M A M A Muse
Conference Paper: Undergraduate Development Conference hosted by University of East London in 2013., 2013
The article tries to shed light on two regional human rights tribunals, i.e., European Court of H... more The article tries to shed light on two regional human rights tribunals, i.e., European Court of Human Rights (Strasbourg Court) and African Court of Human Rights (Arusha Court), the future African Court of Justice and Human Rights. The second half of 20 th century is remarked with the steady development of human rights in Africa. One of such development is advanced by the establishment of African Court on Human and Peoples' Rights which has of significant importance in the institutionalization of human rights in Africa. However, while viewed from the perspective of Strasbourg court, the Arusha court is almost weak and ineffective while the former is a crown jewel in protecting and promoting civil and political liberties. In this article, the issues relating to accessibility, efficacy of the decisions of both courts on respective member states and the enforcement mechanisms of the decisions that are rendered will be at the hub of the article. In order to arm young scholars with lucid idea on the area, I will look into different articles, books and practical cases. As an African human rights court is at its embryonic stage, numbers of lessons have to be adopted from the foolproof , advanced and revolutionary court of world.
The Supremacy Doctrine, Direct, and Indirect Effects and State Liability Under EU Law
SSRN Electronic Journal
European Union (EU) law or European Community (EC) law is unique international legal order. Its u... more European Union (EU) law or European Community (EC) law is unique international legal order. Its uniqueness depends on the effective or authoritative enforcement mechanisms of the EU law. These authoritative enforcement mechanisms are absent under ordinary public international law or international law. The effective enforcement mechanisms under European legal order have gained the efficacy due to the fact that the hierarchical supremacy that it enjoys over the national laws of the Member States. This leverage allows the EU to become not only international organization but also supranational organization at European level. European Citizens can invoke EU law in national court proceedings. National courts are expected to apply EU law while solving a dispute that arises at national level by their own initiation. Moreover, EU law has the overriding effect (supremacy) over the national laws of the Member States when the conflict occurs between the two or when the national laws of the Member States are inconsistent with the EU one. Furthermore, it has also indirect effect- that the national laws of the Member States are expected to be interpreted in the manners that confirm the purpose and text of the EU laws.
Muse, Hassen Mama, The Supremacy Doctrine, Direct, and Indirect Effects and State Liability Under EU Law (August 18, 2020). Available at SSRN: https://ssrn.com/abstract=3676199 or http://dx.doi.org/10.2139/ssrn.3676199 , 2020
European Union (EU) law or European Community (EC) law is unique international legal order. Its u... more European Union (EU) law or European Community (EC) law is unique international legal order. Its uniqueness depends on the effective or authoritative enforcement mechanisms of the EU law. These authoritative enforcement mechanisms are absent under ordinary public international law or international law. The effective enforcement mechanisms under European legal order have gained the efficacy due to the fact that the hierarchical supremacy that it enjoys over the national laws of the Member States. This leverage allows the EU to become not only international organization but also supranational organization at European level.
European Citizens can invoke EU law in national court proceedings. National courts are expected to apply EU law while solving a dispute that arises at national level by their own initiation. Moreover, EU law has the overriding effect (supremacy) over the national laws of the Member States when the conflict occurs between the two or when the national laws of the Member States are inconsistent with the EU one. Furthermore, it has also indirect effect- that the national laws of the Member States are expected to be interpreted in the manners that confirm the purpose and text of the EU laws.
Drafts by Hassen M A M A Muse
Williams vs Roffey: the limits of valid consideration, 2019
In his book Richard Stone reaffirmed that Williams v Roffey is clearly very significant as regard... more In his book Richard Stone reaffirmed that Williams v Roffey is clearly very significant as regards defining the limits of valid consideration, and undoubtedly has the effect of widening those limits. Promises to perform existing obligations can now amount to consideration, even between contracting parties. Stone is right. This marks the redefinition of the traditional definition or notion of consideration that basis its foundation on the ‘rule book’ that often serves as primary reference for formalist judge so that she would decide cases based on the ‘doctrine of precedent’ no matter the existing case or precedent is in contravention with ‘the requirements of order of the day’ or ‘practical justice.’ Under Williams v Roffey, the individualist approach judges adopted or readjusted the predominant notion of consideration known under Pinnel’s Case (1602), Harris and Watson (1791), Stilk v Myrick (1809), Currie v Misa (1875) and Foakes v Beer (1884). Accordingly, the old notion of consideration based on reliance and/ or reciprocity between promisor and promisee in the form of benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other party was set aside and redefined as the consideration would enforceable if the promisor gained ‘practical benefit’ though there was no loss from the side of promisee. The article tries to shade light on play field that has widened by Willams v Roffey in defining the doctrine of consideration that has wider impact on the contractual liability of common law. Furthermore, it will compare the new criteria adopted under Willams v Roffey with the doctrinal one. Moreover, it is the intention of this article to elaborate the change in interpretation in contractual obligation after Williams v Roffey. Finally, the article will elaborate the limitation that Willams v Roffey itself faced and where the doctrinal principle is applied.
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Papers by Hassen M A M A Muse
European Citizens can invoke EU law in national court proceedings. National courts are expected to apply EU law while solving a dispute that arises at national level by their own initiation. Moreover, EU law has the overriding effect (supremacy) over the national laws of the Member States when the conflict occurs between the two or when the national laws of the Member States are inconsistent with the EU one. Furthermore, it has also indirect effect- that the national laws of the Member States are expected to be interpreted in the manners that confirm the purpose and text of the EU laws.
Drafts by Hassen M A M A Muse
European Citizens can invoke EU law in national court proceedings. National courts are expected to apply EU law while solving a dispute that arises at national level by their own initiation. Moreover, EU law has the overriding effect (supremacy) over the national laws of the Member States when the conflict occurs between the two or when the national laws of the Member States are inconsistent with the EU one. Furthermore, it has also indirect effect- that the national laws of the Member States are expected to be interpreted in the manners that confirm the purpose and text of the EU laws.